Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act and The Clean Water Act, 13524 [2018-06360]

Download as PDF 13524 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices reproduction cost) payable to the United States Treasury. Robert Brook, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2018–06366 Filed 3–28–18; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE sradovich on DSK3GMQ082PROD with NOTICES Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act and The Clean Water Act On March 22, 2018, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Western District of Louisiana in the lawsuit entitled United States, Louisiana Department of Environmental Quality, and Louisiana Department of Wildlife and Fisheries, for the State of Louisiana v. CITGO Petroleum Corporation, Occidental Chemical Corporation, OXY USA Inc., and PPG Industries, Inc., Civil Action No. 2:18–cv–00402. The Consent Decree resolves Plaintiffs’ claims, as the trustees of natural resources, for injuries to natural resources in connection with the discharge of hazardous substances into Bayou d’Inde in the Calcasieu Estuary located in Calcasieu Parish, Louisiana. Specifically, the United States, on behalf of the National Oceanic and Atmospheric Administration and the U.S. Department of Interior, as federal trustees for natural resources injured by Settlors’ disposals of hazardous substances, seek to recover natural resource damages pursuant to Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9607(a), and Section 311(f) of the Federal Water Pollution Control Act (‘‘CWA’’), 33 U.S.C. 1321(f). The Louisiana Department of Environmental Quality (‘‘LDEQ’’) and the Louisiana Department of Wildlife and Fisheries (‘‘LDWF’’), for the State of Louisiana, join in this action and also seek to resolve claims under the Louisiana Environmental Quality Act, La. R.S. § 30:2025. The proposed Consent Decree resolves these claims. Under the proposed Consent Decree, Settling Defendants CITGO Petroleum Corporation, Occidental Chemical Corporation, OXY USA Inc., and PPG Industries, Inc. are resolving their liability for natural resource damages alleged in the Complaint and agree to pay jointly the total sum of $11 million VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 from which $3,045,046 will reimburse the federal and state trustees for past assessment costs ($2,981,841.85 for federal trustees and $63,204 for state trustees) and $7,954,954.15 will be deposited into the Bayou d’Inde Area of Concern Site Restoration Account within the NRDAR Fund managed by the United States Department of Interior for use by the trustees to pay for future natural resource restoration actions selected by the trustees. In consideration for the payments to be made by the Settling Defendants, and subject to certain reservations of rights, the United States, LDEQ and LDWF covenant not to sue or take any civil judicial or administrative action against the Settling Defendants to recover for the natural resource damages as defined in the Consent Decree. The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States, Louisiana Department of Environmental Quality, and Louisiana Department of Wildlife and Fisheries, for the State of Louisiana v. CITGO Petroleum Corporation, Occidental Chemical Corporation, OXY USA Inc., and PPG Industries, Inc., D.J. Ref. No. 90–11–2–1284/3. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: To submit comments: Send them to: By email ....... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ–ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ......... During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department website: https:// www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ— ENRD, P.O. Box 7611, Washington, DC 20044–7611. Please enclose a check or money order for $9.75 (25 cents per page PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 reproduction cost) payable to the United States Treasury. Thomas P. Carroll, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2018–06360 Filed 3–28–18; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Air Act On March 19, 2018, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Northern District of Ohio in the lawsuit entitled United States v. Martin Marietta Magnesia Specialties LLC, Civil Action No. 3:18–cv–00633. The proposed Consent Decree resolves claims under Clean Air Act (‘‘CAA’’) Sections 113(b) and 167, 42 U.S.C. 7413(b) and 7477, against Martin Marietta Magnesia Specialties LLC (‘‘MMMS’’), the owner and operator of a lime manufacturing plant located in Woodville, Sandusky County, Ohio. The Complaint asserts claims pursuant to the CAA for violations of the Prevention of Significant Deterioration (‘‘PSD’’) provisions of the CAA, 42 U.S.C. 7470– 92, Title V of the Act, 42 U.S.C. 7661 et seq., and the National Emission Standards for Hazardous Air Pollutants (‘‘NESHAP’’) provisions of the CAA, 42 U.S.C. 7412, and the NESHAP regulations governing lime manufacturing plants, 40 CFR part 63, subparts A and AAAAA (‘‘Lime MACT’’). Under the proposed Consent Decree, and at an estimated cost of approximately $20 million, MMMS will address sulfur dioxide (‘‘SO2’’) and nitrogen oxide (‘‘NOX’’) emissions from the Woodville Facility through the addition of preheaters to Lime Kilns #1 and #2 and address particulate matter (‘‘PM’’) emissions by routing emissions from Kiln #1 through a baghouse. Kilns #1 and #2 will also be required to meet specified SO2 and NOX emissions limits. Additionally, under the proposed Consent Decree, MMMS will pay an $800,000 civil penalty and perform a vehicle replacement supplemental environmental project valued at $375,000. The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. Martin Marietta E:\FR\FM\29MRN1.SGM 29MRN1

Agencies

[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)]
[Notices]
[Page 13524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06360]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the 
Comprehensive Environmental Response, Compensation and Liability Act 
and The Clean Water Act

    On March 22, 2018, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Western 
District of Louisiana in the lawsuit entitled United States, Louisiana 
Department of Environmental Quality, and Louisiana Department of 
Wildlife and Fisheries, for the State of Louisiana v. CITGO Petroleum 
Corporation, Occidental Chemical Corporation, OXY USA Inc., and PPG 
Industries, Inc., Civil Action No. 2:18-cv-00402.
    The Consent Decree resolves Plaintiffs' claims, as the trustees of 
natural resources, for injuries to natural resources in connection with 
the discharge of hazardous substances into Bayou d'Inde in the 
Calcasieu Estuary located in Calcasieu Parish, Louisiana. Specifically, 
the United States, on behalf of the National Oceanic and Atmospheric 
Administration and the U.S. Department of Interior, as federal trustees 
for natural resources injured by Settlors' disposals of hazardous 
substances, seek to recover natural resource damages pursuant to 
Section 107(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9607(a), and 
Section 311(f) of the Federal Water Pollution Control Act (``CWA''), 33 
U.S.C. 1321(f). The Louisiana Department of Environmental Quality 
(``LDEQ'') and the Louisiana Department of Wildlife and Fisheries 
(``LDWF''), for the State of Louisiana, join in this action and also 
seek to resolve claims under the Louisiana Environmental Quality Act, 
La. R.S. Sec.  30:2025. The proposed Consent Decree resolves these 
claims. Under the proposed Consent Decree, Settling Defendants CITGO 
Petroleum Corporation, Occidental Chemical Corporation, OXY USA Inc., 
and PPG Industries, Inc. are resolving their liability for natural 
resource damages alleged in the Complaint and agree to pay jointly the 
total sum of $11 million from which $3,045,046 will reimburse the 
federal and state trustees for past assessment costs ($2,981,841.85 for 
federal trustees and $63,204 for state trustees) and $7,954,954.15 will 
be deposited into the Bayou d'Inde Area of Concern Site Restoration 
Account within the NRDAR Fund managed by the United States Department 
of Interior for use by the trustees to pay for future natural resource 
restoration actions selected by the trustees. In consideration for the 
payments to be made by the Settling Defendants, and subject to certain 
reservations of rights, the United States, LDEQ and LDWF covenant not 
to sue or take any civil judicial or administrative action against the 
Settling Defendants to recover for the natural resource damages as 
defined in the Consent Decree.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States, Louisiana Department of Environmental 
Quality, and Louisiana Department of Wildlife and Fisheries, for the 
State of Louisiana v. CITGO Petroleum Corporation, Occidental Chemical 
Corporation, OXY USA Inc., and PPG Industries, Inc., D.J. Ref. No. 90-
11-2-1284/3. All comments must be submitted no later than thirty (30) 
days after the publication date of this notice. Comments may be 
submitted either by email or by mail:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
------------------------------------------------------------------------
By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ-ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the Consent Decree upon written request and payment of reproduction 
costs. Please mail your request and payment to: Consent Decree Library, 
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $9.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Thomas P. Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-06360 Filed 3-28-18; 8:45 am]
 BILLING CODE 4410-15-P
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